Jeffrey Marcus Gray, a 55-year-old resident of Forest Court in St. Augustine, was arrested on a felony charge of armed trespassing Sunday morning after he refused to leave the immediate vicinity of the Funky Pelican, the restaurant at the Flagler Beach pier.
The pier is public property, as is the sidewalk in front of the restaurant. The restaurant itself leases its space from city government in Flagler Beach. But individuals may be trespassed from public sidewalks or parks or other public property, if not without raising potential legal issues. The Funky Pelican, in business since 2011, features large, public blackboards on its walls fronting State Road A1A, where members of the public are invited to express themselves, albeit courteously and congenially.
A Flagler Beach police officer reported to the area in front of the restaurant after getting a complaint about a man holding a sign that read “God bless homeless vets.” Gray was holding the sign. The officer told him of reports that Gray had been harassing people. “Have you seen me harass anybody?” Gray told the officer, who then told Gray that he was free to go. Gray was not interested in moving. Nor would he identify himself or present a form of identification.
A Funky Pelican employee told the officer that Gray “was harassing people coming in and out of the restaurant and also taking pictures of people,” according to Gray’s arrest report. (It may be intimidating, rude and unnecessary to take pictures of people coming in and out of a business, but it is not illegal as long as the person taking the pictures is on a public right of way.) The employee told the officer that Gray “was resistant to their request to stop harassing the customers, and he refused to leave upon their request.”
The business asked police to trespass Gray, even though Gray appeared to have been on the sidewalk throughout: the police report describes Gray as “standing in front of The Funky Pelican on the City of Flagler Beach Boardwalk area”–in other words, on public property, commonly crisscrossed by passersby. The officer “verbally trespassed” Gray and asked him to “simply move down the sidewalk one way or another.” Gray refused.
A sergeant arrived at the scene and trespassed Gray both from in front of the Funky Pelican and the City of Flagler Beach Boardwalk area and the Pier. Gray, the report states, “was warned numerous times verbally about being trespassed and continued to refuse. Subsequently. Jeffrey was arrested for trespass after warning.”
Once Gray was arrested, officers searched him and found he was carrying a loaded .380-caliber pistol (also not illegal in Florida, which last year removed the requirement that individuals may only carry a firearm with a permit.) That increased the trespassing charge from a misdemeanor to a third-degree felony (“trespass armed with a firearm”). The report notes that Gray had set up cameras, which presumably contain evidence of pictures or video he may have taken. The report does not specify those details. Gray was booked at the Flagler County jail and released on $2,500 bond the same afternoon.
Thomas Hutson says
Well apparently Flagler Beach Police Department and Funky Pelicans have not heard of 1st amendment audits. They both might want to get their check book ready. I hope their insurance policies are paid up.
GW says
I believe that this guy has many videos on YouTube where he does the same thing in other cities to exercise his constitutional rights in public spaces. Good luck with the arrest Flagler Beach!!
Pogo says
@Jeff
You’re gonna have to do a lot better than that to get a floriduh man t shirt and 10 gallon maga hat; pissing gasoline while you set your hair on fire is barely the ante nowadays.
Nenemalo Jodon says
Violated his rights.
protonbeamexposure says
ooops – get ready to pay up Flagler Beach —- overzealous cops for sure….they need better training as someone’s super cop ego won the day and this likely won’t hold weather on 1st amendment grounds
Luna says
This guy is a First Amendment auditor. The police messed up and he will most likely sue them. Poor policing. Filming in public is not a crime. People have no expectation of privacy when in public.
Justbob says
Stay tuned for a YouTube video of the encounter, a dismissal of the charges and a lawsuit.
Hook, line and sinker says
The article will be the City of Flagler Beach settling with him. Dummies should have looked at YouTube first
Ricky says
GOD BLESS THE HOMELESS VETS!
Joe D says
Wow…if these charges don’t get tossed AND expunged from the man’s record (unless it can be PROVEN BY SWARN WITNESSES) that he was verbally “harassing” customers in front of the Funky Pelican on PUBLIC PROPERTY, someone ought to notify the ACLU, and potentially sue the City for false arrest, and the caller /employee/owner from the Funky Pelican for filing a false police report!
It’s not that his sign should even be OBJECTIONABLE to ANYONE. Clearly the Flagler police department have not heard about Freedom of Speech.
What exactly is “verbal trespass?” YELLING THREATS at someone from a distance on public property? I guess it didn’t help that he was carrying a small caliber gun…although in the FREE STATE [what a joke] of Florida, isn’t it legal for him to carry a gun (as long as he’s not a CONVICTED FELON…which I guess he will be, if these …Seemingly… BOGUS charges aren’t DROPPED).
Good God…we are really devolving into a POLICE STATE if these charges stand as they have been reported.
I’m hoping that this story has follow up by FlaglerLive! If there isn’t substantial PROOF of this man’s “verbal trespassing”…..MAYBE a BOYCOTT of the FUNKEY PELICAN by local citizens or Veterans groups might be warranted?!?
Simply UNBELIEVABLE!
Sherry says
Here is what gets me. . . Why? Why? Why? Did the FB police allow Maga Cult members to drive around with vile signs saying things like “Fu$% Biden” and shouting obscenities in full display of children? Would a book about those acts be “banned”? Why did so few people comment about that, here on FL?
Yet, here we have a story about a fella with a sign supporting “Homeless Veterans” getting harassed by restaurant employees, and then by the police, although he was on public property and “legally” carrying a gun? As they say. . . “Something’s Rotten in Denmark”!
Dane says
Hey Flagler, get ready for a visit from the First Amendment Auditors.
There was nothing illegal about what the an was doing.
A hard lesson, but you will learn soon.
Robjr says
Trespass a person from the public sidewalk?
On its face this sounds like some Gestapo tactic.
Richard says
Professional agitator. Nothing better to do than harass a local small business.
understanding goes a long way says
I think a lot of people are confusing this issue.
A property controller or property owner can trespass without specifying a reason. At the end of the day they don’t have to have a reason to trespass. It’s helpful to have a reason, but they don’t have to specify one. Property Controllers or Property Owners can trespass for any reason they want.
Right, wrong, or indifferent of what people or anyone feels about the reasons for getting trespassed; if a property owner or property controller is requesting local law enforcement to issue a trespass warning. The law enforcement agency is just issuing the trespass warning. That’s it.
If the subject of the trespass warning feels the reasoning for being trespassed is wrong or is somehow a violation of their civil rights. That’s a civil matter between the trespassed subject and the property owner/controller.
Once a subject has been issued a trespass warning and refuses to leave the presumed premises. The violation is once a subject has been lawfully trespassed and asked to leave, but now is refusing to leave. That in of itself becomes a crime.
Regardless of what sign someone is holding or what activity they were conducting …. Regardless of whatever the reason is for the property owner/controller is for issuing the trespassing warning. If you have been trespassed, you refuse to move along, you are committing a crime per the State Law/Statues.
It would appear this subject, Mr. Gray could have taken the written trespass warning and moved along. If you have the documented trespass warning, you feel the property owner/controller issued the trespass for the wrong reason and that it violated civil rights, then one could take the documented warning and file a civil suit making their case in court regarding civil rights violations.
Mr. Gray did not have to refuse to leave to seek grievance against Funky Pelican.
It appears that Mr. Gray’s issue is with Funky Pelican. Not so much the Police Agency.
A law enforcement agency is just doing its job when a trespass is requested.
People seem to think Police Officer’s and Deputies are judges or jury.
Police and Deputies are NOT judges or jury. Police and Deputies do not have the authority to preside over civil disputes.
If Mr. Gray’s purpose was to provoke issue or draw attention to himself to create a conflict and create an incident? Regardless of his purpose or reason…. right, wrong, or indifferent.
If Mr. Gray was with in the curtilage of the Funky Pelican Restaurant. The grounds and structure that the business leases to use. They are responsible for the property, and legit property controllers. If they requested he leave and a trespass was issued, he refused to leave after warning then Mr. Gray committed a criminal violation of the law.
The Officer’s doing their job is not the civil rights violation.
If Mr. Gray feels that Funky Pelican violated his civil rights by trespassing him, thats a civil matter he can address in the Courts letting a Judge or Jury preside over its resolution.
Again Police and Deputies are not Judges or Juries.
Police and Deputies in short only determine if there is probable cause that a crime has been committed. It’s State Law and the Florida State Statutes that define crime.
Civil Rights Violations are civil grievances to be addressed in a civil court. It’s not necessarily criminal.
It would seem that Mr. Gray and the media are confusing and mixing matters up.
Ridiculousness says
This man and his cult like followers are what’s wrong with the world today. Attention seekers with your YouTube videos and claiming to be journalists. Then harassing people and businesses. Nothing but Bullies!
JOE BLOW says
USA HAS TURN INTO Gestapo AGENTS
Peter wentworth says
Flagler beach just bought themselves an expensive lawsuit. I hope the residents will enjoy ponying up the $50 grand for the cop’s ignorance.
You may not like the guy’s camera or signage… But filming in public is totally legal.
Steve says
He will take The money and run. A slam dunk on the Flagler Beach Police. Couldn’t happen to a better place. 🤣
GW says
Here is his YouTube link:
https://youtu.be/iehgiJtfN84?si=iJMyGFHw2GqaB_Nk
Tomas Gonzales says
I know right? I hate these people with messages like “God Bless the Homeless Vets”. That is just a vile and disgusting message. What if a child saw that? He might think God is real and not imaginary like the Easter Bunny.
Jim G says
They dun goofed. Mr Grey runs Honor your oath on YouTube and knows the laws inside and out.
Amazing that you can make a good living because cops a) don’t know the law and b) refuse to de-escalate because their egos won’t allow it.
concerned citizen jay says
wow. we as citizens should boycott this business and stop spending our money in this town. the police department needs to do some training.
John says
I’m not suprized at all. Most Flagler cops have issues from other departments they have been fired from or had to quite. Now we’re all going to pay for there stupidity.
Capt Bill says
Back the blue!!
Randy says
Um, those books that were banned, we sexual in nature for little kids, you must be a pedophile, and Trump is your president, get over yourself, your cult is nothing but criminals and pedophiles.
Randy says
So our rights are a problem for you? Using our God given rights is not agitation, ppl like you are how Nazi Germany came about.
Scott M. says
“also not illegal in Florida”
“also legal in Florida” was too hard for gun hating FlaglerLive to type LMAO
Abacogrl says
Agree….so the sign says
“God Bless Homeless Vets”” but report lists his address in St Augustine. It appears he lives on the Island area of St Augi so I’m going with possibly some mental illness. I would say he just loves his country but the setting up of cameras leads me to think much more is going on.
Again says
Isnt Trump a convicted felon? You would know a lot a out criminals in cults huh?
Again says
Its literally the same statement lol, you know there are multiple ways to say the same thing right?
Pogo says
@Sherry
Exactly.
Now, look at all the “comments” from naive people who don’t know what an agent provocateur is…
https://en.wikipedia.org/wiki/Agent_provocateur
… and gun nuts who are fan girls of these creeps:
https://en.wikipedia.org/wiki/Project_Veritas
Mike E says
The issue IS with the Police. They enforced a Non Law. The Funky Pelican could have, and should have learned a lesson that day. The Police Officers could have used this as an opportunity to teach the Funky Pelican a little something about laws. But, not surprise, they didn’t. They let their egos take over and escalate things to violence. One would think that the Law Enforcement (Police) would have learned the Law by now…
Mr. Jeff Gray was Trespassed from a PUBLIC area (Sidewalk/Boardwalk), not from any Private Property (i.e. The Funky Pelican). He had not been on Private Property, only Public Property and was Peacefully assembled.
You are correct, someone CAN be trespassed from PRIVATE property for no reason at all. They must first, be told by the owner or agent of the property to leave and given adequate time to do so. Or, if there is signage that states “NO TRESPASSING”, that written warning will suffice. However, PUBLIC property is a bit different. Without the satisfaction of a law being broken, people are allowed to peacefully assemble on PUBLIC property with a few exceptions. Police can Trespass and Arrest someone from ANYWHERE, for doing almost ANYTHING, it just might not be LAWFUL to do so and might step on that persons CIVIL and CONSTITUTIONAL RIGHTS.
The person that I’m responding to “understanding goes a long way” must think that Police or LAW ENFORCEMENT has a blank check and can do ANYTHING they want in the name of keeping the peace. Law Enforcement needs to follow the laws and enforce the laws. They are not supposed to enforce someone’s Wants, Feelings, Needs or Desires. They enforce the LAWS.
These charges against Mr. Gray will be dropped. Their will be a statement/apology to attempt to appease or mitigate the consequences of these Police Officers. There will be a Law Suite and the City of Flagler Beach will settle after wasting tax payer money.
These Officers, this PD, and the City of Flagler Beach will learn a very expensive lesson that they should have already known: Breaking the law to protect someone’s feelings, is not Law Enforcement. That is called Tyranny – A Cruel act upon a person or a group of people.
May God Bless you Mr. Gray and May God Bless and watch over ALL the Vets!!!
Tony says
Welcome to Trump’s version of America.
Darren Light says
No Sir…..you are confused…. Jeff was standing on a PUBLIC SIDEWALK.
He was not on the Private Property of the Funky Pelican, he was on PUBLIC PROPERTY adjacent to the restaurant.
One cannot be trespassed from Public Property in Florida unless they have committed a crime. That Sir is the Law.
What Flagler Beach Police did was known as Deprivation of Rights under the color of Law.
They Violated is 1st , 4th, 5th , and 14th amendment rights, and this is going to cost them BIG TIME !!
The Civil Code is 42 USC Sec 1983 and the Criminal Code is 18 USC Sec 241 and 242 If more than one officer deprived him of his rights, that is a conspiracy under Sec 241
Stay tuned…..but please get your facts straight before you spout about the trespass.
Kroegs says
You wrote a lot to say, “I don’t understand what’s going on.”
You can’t trespass someone from public property without a crime. He wasn’t on the Funky Pelican’s property. He was on the public sidewalk. These things matter.
He knows what he’s doing and the city will be paying him after he files a lawsuit. Hope the taxpayers are okay with that.
Kroegs says
A man exercising rights is what’s wrong with the world? Not the cops who arrest someone for exercising their rights? Standing in public with a sign saying “God Bless the Homeless Vets” is not harassing anyone.
Kroegs says
Until it happens to you!
STEPHEN CARROLL says
Neither the store owner nor the police understand what “harassing” means in a legal sense. You cannot trespass from Public property without a crime, generally speaking. This will be Nolle Prosqi.
Adam Frank says
My Wife and I live right up the road North of Washington Oaks Park and eat at Funky Pelican all of the time. I am going to voice my opinion to them that free speech is one of the Constitutional foundations that this country is built on. I hope that this results in a very expensive lesson for the Constitutionally uniformed Flagler Beach Police Department.
Understanding goes a long way… says
If a business is leasing a property…. Such as the funky pelican. They are leasing the property for their use. They would legitimately be property controllers.
Example- If Olive Garden trespasses a person from the property. The property would include the parking lot and the walkways in-front of the restaurant.
Business are open to the public. It doesn’t mean that it’s “public property”.
Just like during COVID if someone wasn’t wearing a face mask, and the business wanted to trespass someone for refusing to wear a face mask. The business reserved the right to trespass a person.
There does NOT have to be a crime committed in order to be trespassed.
Regardless of any reason or no reason at all, if an owner/property controller wants someone to leave or vacate the premises; they can issue a trespass warning.
If you are not welcomed, and asked to leave; you simply leave.
If someone feels that such a trespass is somehow discriminatory or a violation of their civil rights, they can address the matter in a civil court.
If they win the civil suit, they can get compensated for any losses, damages, or whatever a Judge or Jury would award them.
That’s a civil matter. It’s not a criminal matter.
If the Funky Pelican is leasing the property. They are the property controllers managing the property and free to use the property for their business.
Since the pier (IE the funky pelican) is property being leased to a private business.
Thou it is open to the public, it doesn’t mean it’s publicly owned property.
Another example, if Children at a public park are causing a disruption being too loud, or being too rough in their playing around, or are engaging in an activity that is creating unreasonable interference. Park officials or even police can trespass such children or even adults from the public park”. The children or even adults may not being committing any crimes. If there is suspected interference, disturbance, or a propensity for further incident…. Even thou no crime is being committed. Such people can lawfully be trespassed from a public park.
Everyone has the right to peacefully assemble. The only thing the government can do is moderate on anyone’s peaceful assembly is manner, location and duration/timing. {when it comes to public grounds}.
Look it up.
I was not there to see where Mr. Gray was at or where he was standing.
I can’t speak to that.
If Mr. Gray was on the premises of the funky pelican property to which they lease for their use. Ideally would be the pier.
If he was issued a trespass and failed to leave after warning, that would constitute a crime per the Florida State Statute regarding trespassing.
This is the United States, people have a right to peacefully assemble and air grievances. It is protected by the constitution.
The Government however can moderate location, time, and manner. Read the fine print.
One persons right to freely assemble should not trample over the rights of someone else.
If that make sense?
The Funky Pelican (the private business) also has rights too. Do they not????
The Funky Pelican is trying to operate their business. They are running a business.
If they are leasing the property for their business…. they have someone like Mr. Gray , setting up camera’s and engaged in activity, they feel is impacting their customers or operation of their business.
They are paying to lease that property for their business. They are not paying to lease it for Mr. Gray to “peacefully assemble”.
Funky Pelican reserves the right to not serve or ask Mr. Gray to leave. They have the right to do so.
Does Private Business have any rights?
Does Mr. Grays right to “peacefully assemble” topple over the rights of others????
Just asking…
If I had to guess, this the outcome of all of this…
The State Attourney will only prosecute Mr. Gray at the cooperation of the Funky Pelican.
If the Funky Pelican drops their desire to purse, then the State Attorney will not prosecute.
Since the private business, Funky Pelican, does not likely have the money to face civil litigation that would follow as it would cost money, and likely more money than it is worth to fight it. They will likely not peruse as to avoid the cost of attorneys and court costs.
So it’s likely that Funky Pelican will not pursue the charges, and SAO will not prosecute.
The whole thing becomes a moot point.
That’s what I would foresee happening.
Is Mr. Gray’s attempt to provoke incident to try to prove whatever he is trying to prove…. Are his alleged civil rights more important than the rights of others?
Is it wrong for a business to be concerned about cameras, and his activities?? It is wrong they asked him to leave and maybe conduct his peaceful assembly somewhere else?
Or does Mr. Gray’s civil rights tower over everyone else’s rights? And the rights of a small business trying to run their business???
I guess small business doesn’t matter right?
Why not just act like adults, why not dedicate efforts to resolving serious issues and real problems?
Just my thoughts.
Understanding goes a long way… says
Typically if a crime is being committed especially in the presence of law enforcement… or if there is probable cause that a person has committed a crime…. Said person would go to jail for whatever the crime was.
As far as a trespass goes …. There does not have to be a crime to justify a trespass.
Again if there was a crime being committed, then law enforcement would arrest for the crime.
If a business or a person is leasing a property or if they own the property…
In this case it would appear that the business is leasing the property.
So that means the business is paying money to lease and use this property to operate their business.
My question to readers is, does the business who is paying money to lease and use this property have any rights?
When someone is setting up cameras, and doing an activity (right, wrong, or indifferent) if the business has concerns about the camera and this activity possibly impacting their operation or affecting customers…. Would the business not have the right to ask Mr. Gray to leave and maybe go peacefully assemble else where????
If you were paying to lease property to operate your business, and someone was setting up cameras and doing an activity that possibly/reasonably be concerning to customers…. Wouldn’t you as the business person and the one paying to lease the property want the right to ask someone to leave.
Or does Mr. Grays right to peacefully assemble trample or tower above the rights of others?????
Property Owners / Property Controllers don’t have to have or specify a reason to trespass someone.
That said, Mr. Gray’s objective and his activities are designed with the purpose of drawing attention and provoking conflict/incident. He is purposely engaged in such a conduct and activity with the soul purpose to get arrested, entertain as a social media influencer, and then litigate against people and agencies; for the hope to gain money from settlements.
To what end and what is he actually achieving?
There are a lot more serious and critical problems, and more significant social issues out there that need attention and resolution.
It’s is ok for one person’s right to peacefully assemble to trample or tower over someone else’s rights?????
hjcinc says
Just another group of incompetent government revenue generators.
Alister Troup says
James Madison Audits has a video on this – the jail guy know who this guy is – with an interview with Jeff
https://www.youtube.com/watch?v=Gto_CPA8dak
They better start looking at the bodycam and writing a $1791 check
Paul says
This is why the r cons made poverty illegal, so they can then sabatoge the economy and have slaves for their for profit prisons. Try protesting haha it’s illegal. Aldolf did the same stuff! Never forget the republican terrorist organizations stole your liberties and your nation for their own profits. Organize to defeat the Nazis or suffer the consequences !
Endless dark momey says
Hilarious , you all think the constitution still matters? Tell that to the fascist leaders. The old constitution does outline treason though.. you think these terrorist will give up power in 4 years and go to jail haha yall are nieve.
Joe D says
Reply to “Understanding goes a long way”…
You CLEARLY either didn’t READ the article or are REALLY missing the LEGAL POINT…
You are 100% correct about a property owner ( or leased business in this care) controlled TRESPASS …ON THEIR PROPERTY ! According to this article, if we are to believe the FACTS AS REPORTED…the defendant was standing on a PUBLIC SIDEWALK…OFF THE PROPERTY!
Now I’m not sure STILL what VERBAL TRESPASSING is (maybe shouting / verbally threatening people from a public sidewalk/area)?
…maybe RAY W can clarify it for us?!?
I’m INCENSED as a Flagler Beach homeowner/taxpayer, that the almost GUARANTEED LAW SUIT(S) for first amendment violations and against the Funky Pelican for filing a false police report (AGAIN ONCE ALL THE FACTS COME OUT…”VERBAL TRESPASSING” INDEED) …is going to have to be paid by MY TAXES!!!
I AGAIN ask that we be updated by FlaglerLive on this story.
*** but if the FACTS of this story stand TRUE…I SERIOUSLY feel the educational effects of a BOYCOTT of the Funky Pelican, might improve their understanding of Civil law…In MY Opinion..
Da Frog says
Hey MORON, WE THE PEOPLE have a guaranteed right to assemble in PUBLIC. NEVER was on their property or interfering with their business. Yes, one can be trespassed from public buildings and parks for no reason–shouldn’t be, but are. BUT, NOT from public sidewalks or streets…that would be illegal. A judge could issue a restraining order limiting one’s distance from a location. Otherwise we are free to travel. Look up the State law on Harassment–it’s not what people posting here believe it is. Freedom of speech in a public place is a protected activity and can not be criminalized–PERIOD!!!! The “boardwalk” is a pay to access place adjacent to the Fucked Pelican…and it’s closed indefinitely. Jeff has been victimized numerous times, that’s why he records–PROOF for his defense in court. He’s never been convicted and never lost a law suit–BECAUSE HE NEVER VIOLATED THE LAW!!!! Police in this country are very poorly trained and instead of uping their education, they rely on the ridiculous notion of “qualified immunity” when they screw up. This scenario is very similar to another one of Jeff’s just a bit north of this one. He was outside of a bar on the PUBLIC sidewalk. They told him to leave and he didn’t. Cops showed up and the usual–leave, no; ID, no; put in cuffs. They took him across the street and seized his gun. Results; ILLEGAL defacto arrest and civil rights violation and they lost the law suit. Google is your friend and Florida laws are posted for you to read for yourselves.
Understanding Goes A Long Way… says
You keep mentioning “color of law”… It makes me think of the show “Always Sunny In Phil-adelphia” when Charlie says he practices “Bird Law” …lol.
In reading the Florida State Statue… I don’t see where it prefaces or mentions that a subject of a trespass must be committing a crime in order to be trespassed.
1) Trespass on property other than structure or conveyance – A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance.
2) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person (IE LAW ENFORCEMENT can issue the trespass if requested).
3) If the offender is armed with a firearm or other dangerous weapon during the commission of the offense of trespass on property other than a structure or conveyance, he or she commits a felony of the third degree.
4) Any owner or person authorized by the owner may, for prosecution purposes, take into custody and detain, in a reasonable manner, for a reasonable length of time, any person when he or she reasonably believes that a violation of this paragraph has been or is being committed, and that the person to be taken into custody and detained has committed or is committing the violation. If a person is taken into custody, a law enforcement officer must be called as soon as is practicable after the person has been taken into custody. The taking into custody and detention in compliance with the requirements of this paragraph does not result in criminal or civil liability for false arrest, false imprisonment, or unlawful detention.
Additionally, I would like to point out that if you do watch Mr. Gray’s numerous videos that involve traffic stops… he and the many other alleged superheroes of this prestigious Social Medica Influencer World, they frequently reference and say they “Plead the 5th amendment” when speaking to Law Enforcement while on a traffic stop.
With the observed comments illustrating that Mr. Gray is somehow a genius prodigy and super smart guy knowing the laws better than anyone else…
The Fifth Amendment protects “criminal” defendants from having to testify if they may incriminate themselves through the testimony. The 5th amendment applies to “criminal” cases.
A majority of all Traffic Stop Stops are due to the officer having observed a traffic infraction. 99% of Traffic Infractions or Traffic Violations are all “CIVL” and not at a criminal matter!
When it comes to Civil Traffic Infractions and Civil Citations… It’s Civil. Not Criminal.
Very much like these “Sovereign Citizens” out there that want to quote “Bird Law” like word diarrhea of the mouth. It’s an indication that they are not experts of the law. Many don’t know the difference between Civil and Criminal.
At the end of the day… This is just a Social Media Influencer making a living by seeking settlements in frivolous civil lawsuits. As it cost too much money $$$ for the victims of these frivolous incidents to fight the civil suits. it’s cheaper to settle.
Settlements don’t indicate true justice or vindicate true righteousness.
This alleged “Robin-Hood”, intends to steal from the small business guy and impact the community as he clearing is demonstrating.
I’m not sold that this guy is truly a hero.
Speaking for most Veterans and those who served our country.
Cyndi Carter says
To me all that stuff about freedom of speech should be true
The bottom line is that if the law asks you because some people are taking offense of you taking there pictures Well just obey and move away from the front of their business, don’t antagonize Keep the Peace, Right?
A little respect goes a long way…
Sherry says
@understanding. . . please do not have the audacity to say that you are ” Speaking for most Veterans and those who served our country.” That in itself is disrespectful and serves to impugn your credibility.
Regarding the boycott of the Funky Pelican. . . from what I remember of their food, that would not be a huge loss for your palette.
Regarding the actions of the Funky Pelican employee and police actions. Sometimes, it’s best to “read the room” and not intervene.
Regarding the legality of it all. . . I’d be interested to hear from Ray W.
Thank You POGO!
Moving on says
Well said “ Understanding Goes A Long Way…” also the video that Jeff’s fanclub is reposting is majorly edited courtesy of James Madison Audits aka Mark Dickinson.
It’s more about their YouTube views for their pocketbooks than anyone’s first amendment and/or homeless veterans.
Everyone can learn from this experience without the negativity!
Batpig says
You violated his rights dumb dumb
Chas Soprano says
Mr. Grey Continues to go undefeated in winning or settling lawsuits where his civil rights are clearly violated, In this instance we have a clear violation against his first amendment right for free speech, freedom of religion, and the freedom to gather on a traditional public forum (Public sidewalk), Then after the illegal arrest we have fourth and fifth amendment violations for illegally searching his person while illegally taking his property and even basically kidnapping him. as usual he has a slam dunk case and expect a quick settlement offer or usually when dum dum police make a mistake they double down on stupidity and go to trial where they end up paying more, publicly apologizing to Mr. Grey. and retraining the entire police force about constitutional rights.
Chris says
The only veterans you’re speaking for are maybe the ones like you, who basically just conjure nonsense out of the air and talk out their a$$ while having zero idea what they are talking about. You act as of you’ve done research on this individual and I’m assuming you think that qualifies you to make assumptions about his motives. Did you look into the civil awards/judgments/settlements he’s made with the numerous agencies that violated his (and our) Constitutional rights? Either you did practically zero research or you just glossed over that the awards are generally directed donations to Veteran organizations as well as agreements for those infringing departments to engage in retraining as it pertains to the rights of citizens. Maybe you’ve just been lucky and never had your rights violated. Or maybe you did but are just too dense to be aware of it. Do better
Ed says
Constitutional rights violations are violations, regardless of the cause. The uninformed will say Mr. Gray’s provoked it, while the informed will correctly assign blame on the police officer’s ignorance of the law.
Jeffrey Meyer says
jeff grey has been exercising his 1A right for over a decade. he has won multiple law suits with other cities because of stupid cops like this. the cops should be fired for the liability they have caused with this illegal arrest. God bless the homeless vets.
Mike says
I CAN SET UP MY TRIPOD ON THE PUBLIC SIDEWALK AND VIDEO YOUR(UGALW & Ridiculousness says) HOUSE FOR HOURS AND THERE IS NOTHING ANYONE COULD LEGALLY DO ABOUT IT! AS LONG AS I’M NOT BLOCKING THE SIDEWALK OR HARASSING ANYONE.
Declan says
I’m not sure if UNDERSTANDING GOES A LONG WAY is simply a bad troll ( starts his screen name with the word “understanding”screen then proceeds to COMPLETELY mis-understand the issue) or just a long winded, verbose dimwit. Either way, he needs to subscribe to the “better to keep your mouth closed and have people THINK you’re an idiot than to open it and remove all doubt” theory. I have never seen someone use so much effort and so many words only to display for all to see that he has a complete lack of understanding of the issues, and even less ability to realize that he is wrong and comprehend the responses to his long-winded drivel. Cheers!
Daniel Foster says
1:36 PM Thu Mar 6
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It is the mission of the Flagler Beach Police Department to serve and protect the citizens, businesses and visitors of our City by providing professional, competent Law Enforcement services. We strive to protect and preserve the Constitutional Rights of all people and mandate the fair and impartial enforcement of the law. We are committed to providing professional, efficient and courteous public service and creating a safe environment for those we serve.
We will work as a Team in order to accomplish our mission with "P.R.I.D.E."
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Any one agree how the police department mission is a bold face lie
ga gamba says
Hi, everyone. There appears to be some confusion about the pier and the business that exists on the pier. The business rents space on the publicly owned pier. It does not rent the entire pier. The space it rents is private property for the period of the lease, and the characteristics of the space such a location on pier, dimensions, etc, are defined by the contract, which is a publicly available document. Mr Gray did not enter this private property. In front of the restaurant is a public sidewalk and a public road; both are public thoroughfares. A public sidewalk is a traditional public forum. It is one of the spaces with the fewest time, place, and manner restrictions on speech and assembly – practically none. During the encounters with the manager and police, both pedestrians and vehicles are seen on the pavement and in the road, indicating that 1) their free movement was not infringed by Mr Gray and 2) the public space was open to free use by the public. The manager stated on video the pavement is public property. The first responding officer told waitstaff that Mr Gray was doing nothing illegal and all he could do was ask Mr Gray move on. This is recoded on his body cam. A request is not a lawful order. The second responding officer performed no investigation at all nor did he discuss with the first officer the content of his interview with waitstaff. Moreover, the second responding officer agreed that Mr Gray was standing on public property.
Re the claim of harassment, neither officer interviewed a person claiming to be harassed. One of the waitstaff claimed others were being harassed, but provided no evidence or victim. The officers did not ask to view the restaurant’s security camera footage for evidence of a crime. BTW, harassment has an element of persistence to it, i.e. it is repeated against a targeted person with the intention to cause fear. Speaking once to a person is not harassment. Standing whilst holding a placard is not harassment. Engaging in Constitutionally protected activities in a public forum cannot be harassment. And Mr Gray was not charged with harassment.
Police used the unsubstantiated claim of harassment to fabricate a trespass charge. Not once did they ask the restaurant employees if Mr Gray entered the restaurant. Not once did they ask the employees whether they had asked Mr Gray to leave the restaurant’s leased space. It asked Mr Gray to leave the public space to move to another public space. The restaurant seems to believe it has ownership of the entire public sidewalk in front of its entrance. It doesn’t. Even when restaurants lease the pavement from a city, the constrict stipulates pedestrians may still use the pavement and states a width of x number of feet, usually 6 to 8 feet, must be left unobstructed to allow pedestrian use in both directions concurrently.
Lastly, I encourage people to familiarise themselves with 18 U.S. Code § 241 – Conspiracy against rights. It apples to all people, not just public servants. Two or more people engaged in the deprivation of another’s civil rights, and the First Amendment is a civil right, is a conspiracy. In this incident there are five co-conspirators; the manager, two police officers, and two waitstaff. This crime is punishable by up to 10 years in prison.
Jason Baker says
Sad to see businesses and North Korean quality oath breakers loathe freedom. Disgusting on both them to behave like Herr Komrade Stasi Officers and citizens.
RJ O'Guillory says
…the …”Understanding Goes A Long Way… says”…guy smells a bit piggish. I’m wondering if he’s just stupid…and likes to read his own writing…(as I do)…or if he’s sucking boot leather from several of the cops involved. Perhaps he sucks his own boot leather? He keeps preaching about shit that isn’t applicable. Mr. Gray was on a public sidewalk engaged in Constitutionally Protected Behaviors, had committed no crimes…(as admitted to on BWC by the one corrupt cop)….and is going to clean Flagler Beach’s clock in court. If you doubt that…try calling the FBPD, FB City Hall or The Fascist Pelican. They are all hiding behind voicemail and don’t have the courage to answer the phone. They know they violated Jeff Gray’s rights…and are probably checking with their insurance company right now to see about coverage for the settlement they will agree to. As far as The Fascist Pelican…I would sue them for defamation contained in their lies to the police. Good luck with that…you fascists.
Derek Lewis says
Jeff Gray was standing on a public sidewalk, which by law is a traditional public forum, just like standing on a soap box on the steps of City Hall. It is the quintessential example of freedom of speech. He was also exercising his freedom of Religion (GOD Bless the Homeless Vets) and the freedom to peaceably assemble to redress his grievances. Considering his Youtube channel has over 20 times as many subscribers as the average American newspaper, he can easily claim freedom of the press as well. That’s all five of the freedoms delineated in the First Amendment. Arresting him was the most un-American thing the cops could have done. And shame on the Funky Pelican for even reporting him.
Apparently Understanding Isn't Your Strong Suit says
Understanding Goes A Long Way,
Are you being intentionally dense? At this point you must be trolling.
Mr. Grey was on PUBLIC property, on a sidewalk. NOT on the property of the Funky Pelican.
The 5th amendment can be invoked any time you are talking to the government. You do not have any obligation to assist in a law enforcement investigation.
Law enforcement cannot be the complainant in most cases. They are simply there to enforce the law as written. Qualified Immunity gives them some leeway to act in official capacity while possibly not fully aware if their actions are lawful (frankly, a disgusting double standard, since the public cannot be “ignorant of the law”, and can be held to account even if they truly are.) However, when they intentionally and knowingly violate someone’s civil rights (as is the case here, since the officer literally admitted to it on the recording), they lose their qualified immunity since they are illegally acting under “color of law”
Contrary to what you espoused, if you watch any of the Honor Your Oath videos, he makes money from his you tube revenue, he does not typically make money off of lawsuits. His lawsuits are usually meant to educate and force reformation in the cities he visits. He actually just wants to exercise his civil rights, without being harassed in any way. If the businesses and police departments would just leave him alone, there would be no grounds for lawsuits, and realistically, his you tube channel would cease to be as there would be no conflict to hold anyone’s attention.
If you believe anyone that is exercising their rights is the problem, I can grill up some good old boot for you to lick clean.
BillD says
In the time “Understanding goes a long way…” took to write his long comment, they could have realized the person arrested was not in the property leased by the restaurant. He wasn’t even under the roof or in the curtilage of the restaurant. Additionally the first officer and the second officer (sergeant) in the video clearly said that the Funky Pelican cannot trespass him from the sidewalk outside of the business. The sergeant decided on his own accord and as an officer of the city to trespass the person from that particular sidewalk on the city owned pier without any obvious legal justification. The arrest has nothing to do with the Funky Pelican as a victim, only possible as a witness. The victim in this case is the City of Flagler Beach. As reading comprehension rates are rapidly falling, I await the misreading of this comment.
Joseph says
For those that think someone can be trespassed in public… I invite you to look up the court case of Jeff Gray Vs Alpharetta GA… yes the same Jeff Gray. He will win both the criminal and civil lawsuit that follows. His goal is to stress test the police and see how badly they act towards people they think are homeless. In this case Flagler and the funky pelican showed they think very little of the homeless, very little of freedoms afforded in the constitution. The public sidewalk is a traditional public forum. In order to trespass him there he would have to be guilty of a underlying crime or violating time and place limitations placed on the public area (for example if the boardwalk closes at night and you are still there then they can trespass you)
David S. says
See you in court Funky Pelican. BTW the food sucks there….
Bahb says
He a youtuber with hundreds of thousands of subscribers engaged in first amendment auditing. Jeff Gray has won or settled at least a dozen of these so far, and the cops shut off the audio on their body cams the second they found that out.
Bahb says
Sidewalks are public easement and federal laws that completely override state and local laws on the matter are pretty clearly established. This city will be lucky to get one of Grey’s $1776 settlements where they gotta apologize and spend time training their entire police department.
Freespeachisntacrime says
Boy howdy,
You guys really messed up with this one.
America's Lawyer says
UPDATE: Charges have been dropped. Lawsuit pending.
To the author of this article. PLEASE educate yourself before writing lies. NOBODY can be “lawfully” arrested for trespassing on public property – minus a crime. This includes, sidewalks, boardwalks, parks, city hall, the lobby of your local police dept, library, etc. Of course there are time/place/manner restrictions (if a park closes at 6pm and you are there at 7pm, that would be violation of the time restriction. )
The only crime that was on that video was the unlawful arrest of Mr. Gray.
Jeff says
State Attorney’s Office has declined to file charges against Jeffrey Gray. How not surprising. It’s clear that this self-centered officer is unlikely to face termination, and the residents of Flagler Beach may end up facing yet another lawsuit as a result. The senior officer indicated that such incidents are routine, so perhaps the courts will deliver a significant ruling against the city that compels them to revise their standard operating procedures for public interactions.
https://www.yahoo.com/news/video-flagler-beach-police-arrest-181340557.html
Declan says
Tony manages to expose himself as an uneducated, immature child is one sentence that has NOTHING to do with the story…..great job, Tony!!
Understanding goes a long way… says
I appreciate the mentions, responses, and feedback.
Pardon me as I respond from the small screen of my outdated iPhone.
Now that Mr. Gray has released his editorial video regarding this incident.
The video clearly shows where he is standing during the incident.
Let’s just point out the obvious. Upon Law Enforcement interaction, Mr. Gray is standing indeed on the walkway right in front of the entrance to the Funky Pelican Restaurant. It appears that he is just a few steps away from being able to walk in the entrance door of the Funky Pelican.
Furthermore, he located near the “handicap” park spots. It appears that those “handicap” parking spots (located right in front of the restaurant) are intended for handicap or disabled patrons to park to better access the restaurant.
That would mean the handicap parking is parking for the restaurant.
In-short he is only a few steps away from being able to enter the actual structure. That is arguably close enough to be within the curtilage of the structure.
He is on the property leased to the Funky Pelican.
Let’s remind ourselves that the Funky Pelican pays money to lease this property to use for their business.
Let’s also remember the fact that there does not have to be a “crime” or complaint, or any reason to issue a trespass on someone.
If you lease or own your own home, or you have property that you use for a business. You have a right to manage and use the property you lease or own. If someone is located on the property that you paid for, or are paying for, you have the right to ask people to leave. You also have the right to issue a trespass.
Remember, business owners \ property controllers do not have to specify or have a reason to trespass someone.
Mr. Gray’s activity (right or wrong or indifferent of how anyone feels about it) was a concern for the Funky Pelican.
They were within their right to ask Mr. Gray to leave.
Mr. Gray can go peacefully assemble anywhere else he desires. He could have easily just left and vacated the property area that the Funky Pelican pays to lease.
Instead, after being asked to leave numerous times and advised of trespass warning – Mr. Gray refused to leave after warning. That in of itself is a crime that he committed.
It apparent that the officer established ‘probable cause’ that Mr. Gray was committing a crime.
It is now up to the State Attorney’s Office to Prosecute the matter.
I think many readers out there might be forgetting the purpose of the State Attorney’s Office.
The State Attorney’s Office prosecuting crimes that have been committed on actual “vic-tims”. I imagine our State Attorney’s Office has a considerable workload and numerous cases they are working on.
The fact we are all freely speaking and expressing opinions on Flagler Live is a demonstration that we have “free speech”. No one is being repressed or oppressed by the government, it would seem. Again, we are all freely speaking here on Flagler Live. No one is knocking down on our doors or coming to get us.
As far as the 1st Amendment – meaning that congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
I don’t see how that is in jeopardy? I have not observed that in my lifetime.
As to Mr. Gray’s purpose, intent, and what he is looking to achieve in this?
As a combat veteran that has served, I am all for supporting my fellow veterans. I would like to think that veterans {post service} would continue to strive for a higher standard, live to strong core values, and present themselves in an honorable way.
A thing l often see among the newer generations is this sense of entitlement and apparent want for life to be handed to them. My hope is that Veterans never adopt this great lack of propriety or get this false sense of entitlement as if the world owes them something.
I am all for improving\helping veterans in homeless situations. The number of resources out there for Veterans, and assistance for Veterans is the greatest it has ever been. It’s the government, it’s not the best, but it is something. Comparatively it’s the best anyone has seen looking back in history.
Having served this country myself and learning of Mr. Gray… watching his videos… I do not see him as a hero.
The State Attorney’s Office has more important things to work on. There are more deserving Victim’s requiring attention and justice.
Mr. Gray targeting Small Business, hindering Law Enforcement Agencies, impacting emergency services, and judicial services- this does impact our community.
There are better ways to “peacefully assemble” and more effective ways to bring about positive change.
Many comments mention “harassment and discuss the meaning of harassment. If you look up the state definition, it includes any pattern of behavior that does not serve a legitimate purpose.
It’s apparent that Mr. Grays intent is to create incidents.. That is the spirit observed in most of his social media videos.
At the end of the day it really does not serve any constructive purpose or seem legitimate.
We should remind ourselves that “Settlements” don’t indicate true justice or vindicate true righteousness. Settlements do not mean Mr. Gray was “right” in previous cases, nor does it mean he is undefeated. It means it’s cheaper to pay a settlement than fight it.
Settlement also means the matter was never debated for who was right or who was wrong in court.
This is how Mr. Gray makes his living and supports his lifestyle.
Lastly with the 1st Amendment, or this perceived right, freedom, or presumed “law” that anyone can do and say whatever they want… None of that entitles someone to trample over the rights of others, the rights of the community, or the rights of small business.
One person’s rights should never tower over the rights of others.
Just a thought.
Richard F. Moore says
Gray has won many lawsuits and exposed corrupt police practices for years. Shameful and ignorant cops don’t care about violating rights because they know the TAXPAYERS foot the bill in paying damages after being sued,which is a certainty in obvious cases of civil rights violations like this. Anyone supporting the Gestapo tactics in Flagler Beach have no intelligent defense for their views.
Public place is not hard to define or prove in court. Since the brainless cops have no way to defend their illegal arrest, the public is sure to pay. The solution? Only when the local taxpayers raise hell with the politicians will they force the chief of police to fire cops that cost the city money. Also, being shoved forcefully into a small back seat in the cop car was excessive,so add thousands more to the settlement. Way to go Officer Friendly! Great job! Sickening blatant ignoring of the law by the cops. Tell all tourists to avoid your city lest they be illegally arrested as well. Flood the non emergency police lines with complaints. Your rights are at risk in Flagler Beach until the bad cops are GONE.
Luna says
Here is the video of the incident:
https://youtu.be/M3DdlpM8aRc?si=5EjZBSmmw3Q5mnQr
Mark says
Dumbest cops I’ve seen in a very long time. Of course all charges were quickly dropped against Mr. Gray.
The female worker at the Flunky Pelican who made that false police report should be arrested. The lawsuit from this illegal arrest and excessive force from the idiot cops is going to cost the town a fortune.
Jenna Finley says
Obviously, Flagler is not a place I want to visit. Looks like the criminals are the ones wearing the badges. It’s terrible what America’s police have turned into. Nothing but tyrants with HUGE egos and tiny brains.
James E Herman says
Jeff Gray has many different You Tube videos regarding the actions of police towards citizens they believe they can bully and arrest without regards to Constitutional rights. ‘God Bless the Homeless’ is far from being any kind of harassment. If those who claim he was trespassing please note that he researches the applicable laws carefully and has never threatened, harassed or performed any obscene acts in his videos. In fact, he has been quite friendly and willing to speak with those who may be curious about why he is there. He has only gotten upset at those who trample on rights and show their ignorance of the law. Many of his videos include the body cam footage where the police acknowledge he is correct, but they still violate his rights. In this instance, the police officers have stepped in it big time with 1) Their body cameras informing the manager that he is doing something perfectly legal 2) The second officer who admitted that they violate rights all the time and 3) The shut off their body camera audios to conceal their violations. I am just surprised that there was no higher up at the station who even allowed the booking to take place…But also that Gray has been doing these videos for years and still police departments continue to ignore Constitutional Rights in these circumstances.
necessary non compliance says
“Understanding goes a long way… say”, guy is clearly the owner/manager in the video or at least knows him and is attempting to curry favor. Jeff showed up there because he was told that the Funky Pelican has a habit of having people illegally trespassed from public property. You can clearly see in the video that it is common practice for the establishment. The woman who calls to report him sounds like she is reading a script on reporting and requesting people be rounded up and carried off to the less fortunate and pretend they don’t exist cages.
By your legal logic “Understanding” the funky pelican could request and have any person trespassed and arrested for any reason they deem fit simply because they entered the businesses imaginary curtilage.
Curtilage is the land and buildings that immediately surround a HOME. It’s considered part of the home for many legal purposes, including searches and self-defense.
Is that your claim? Anyone, doing anything, can be trespassed and told to leave by the GESTAPO because some restaurant owner doesn’t like their presence? Is that what you want? Is that the world you want to live in? If some maga clown goes and stands on the sidewalk in front of a deomcrats leased office with a sign that says “F Dems” you think he can be trespassed and arrested by the actual sovereign citizens, aka US police officers. The police are not tools of the government to be utilized by private businesses to force compliance. Well, actually, they are. The US police are incompetent armed gang members utilized by the haves to lord over and the have-nots. 90% percent of the US police force is comprised of poorly educated, poorly trained, badged, armed thugs – drunk with power and imbued with the right to execute citizens with almost zero legal repercussions.
The reason these videos exist is because sunlight is the best disinfectant. For hundreds of years the US police gang force has been getting away with actual murder. Every video you watch on YouTube of these interactions is the same. Corrupt, spineless, jack booted robots ganging up on citizens; beating, arresting and shooting them. They are NOT your friends, there are NOT just a few bad apples. The entire system is one of oppression and compliance applied at end of a gun barrel.
How many people has the funky pelican put in cages because they didn’t like their look? How many people has the FPD locked away ILLEGALLY on the orders of angry business owners? Clearly they do it on the regular. The jerk Sgt admits in the bodycam video that they do it all the time.
The funky pelican doesn’t like funky homeless people and wants them shooed away, even if that means they are locked away. Shameful, harmful – ILLEGAL. The funky pelican deserves to be boycotted. What little voice the people have left demands it.
Adam Frank says
The initial officer seemed to know that Jeff Gray wasn’t doing anything against the law, but then Sgt. Yelvington and his ego escalated the situation to an unlawful arrest and injury to Mr. Gray. It should cost the Flagler Beach taxpayers in excess of $500K.
Kabrone says
Unbelievable Never going to the Funky Pelican ever again. D bags
Jeffery Westfall says
Your statement is a little misleading. You can only be trespassed from public property if your actually committing a crime.
The law actually states the you cannot make a constitutionally protected activity in to a crime. It is a crime to do so.
The officer actually violated Jeff’s 1st, 2nd, 4th and 5th amendment rights.
Also to do it on camera show a complete lack of knowledge of the laws and the constitution.
On can just imagine how bad it is for those who encounter these kind of officers who are this stupid.
The citizens need to shut this department down until they can do an audit in to just how many of their public employees are this ignorant.
Also remind the citizens that it’s their money that has to pay for these lawsuits.
Vincent Lucas says
I hope Jeff Gray and his lawayers put your crappy restaurant out of business by suing you for everything you got! Calling the Nazi gestapo on him for peacefully asserting his constitutional rights is fucked up. Oh, and you cowards purposely filmes up your voicemail box so no one can call and leave messages. Fuck you!
Shadow says
A man exercising his rights…US constitutional right…the ones men died for!
1.The owner/employee should be charged with false accusations and wasting police time
2.The Police should lose their qualified immunity
3.The business…Well let’s say…bad news travels fast
Good luck Jeff,you put yourself in harms way for the sake of others,Thank you.
Richard F. Moore says
People like “Understanding goes…” don’t care if they are proven wrong, as many have done proving the FACT that Gray was in fact on PUBLIC property the entire time. His long winded diatribe has no validity whatsoever because he refuses to acknowledge the truth when it is obvious. Being ” steps ” from a door does not make it curtilage,especially on a business instead of a home. The charges were dropped because an attorney saw the blatant illegality of the arrest and charges and wanted no part of a continued malicious prosecution. Prosecutors are generally willing to justify anything cops do,even if improper, but there is no way to cover up the obvious illegality in this case. As a veteran ( Air Force ) I detest any police action that violates rights, and no boot licking cop groupie speaks for me! Facts don’t mean much to fools, sadly. Taxpayers of Flagler Beach, get your checkbooks ready: Your police dept. has no respect for you or the Constitution and it WILL cost you,guaranteed. Now your town has the reputation for being a dangerous place to visit,as local businesses control the cops. Trying to justify civil rights violations shows the mindset of anyone supporting the Fascist Pelican; not a p!ace I would want to promote,ever. Now we wait to find out how much the TAXPAYERS are on the hook for..
Get a clue says
To understand goes a long way… You should try to understand
I appreciate the mentions, responses, and feedback.
Pardon me as I respond from the small screen of my outdated iPhone.
Now that Mr. Gray has released his editorial video regarding this incident.
The video clearly shows where he is standing during the incident.
Let’s just point out the obvious. Upon law enforcement interaction, Mr. Gray is standing on the walkway right in front of the entrance to the Funky Pelican Restaurant. It appears that he is just a few steps away from being able to walk in the entrance door of the Funky Pelican.
Does not matter where you think he is standing Jeff Grey has been doing this for over 10 years I am sure he scoped out a survey map on the right of way He stays legal, and this is not his first video
Furthermore, he is located near the “handicap” park spots. It appears that those “handicap” parking spots (located right in front of the restaurant) are intended for handicapped or disabled patrons to park to better access the restaurant.
That would mean the handicap parking is parking for the restaurant.
In short, he is only a few steps away from being able to enter the actual structure. That is arguably close enough to be within the curtilage of the structure.
He is on the property leased to the Funky Pelican.
It does not matter he was standing where he could legally stand. He is not And since HIS video just came out, you can watch it here
https://www.youtube.com/watch?v=iTKWMI6r7sc
Let’s remind ourselves that the Funky Pelican pays money to lease this property to use for their business.
They do not lease public right of ways
Let’s also remember the fact that there does not have to be a “crime” or complaint, or any reason to issue a trespass on someone.
He was not on their property
If you lease or own your own home, or you have property that you use for a business. You have a right to manage and use the property you lease or own. If someone is located on the property that you paid for, or are paying for, you have the right to ask people to leave. You also have the right to issue trespass.
He was not on their property he can not do nothing
Remember, business owners and property controllers do not have to specify or have a reason to trespass someone.
He was not on their property
Mr. Gray’s activity (right or wrong or indifferent of how anyone feels about it) was a concern for the Funky Pelican.
They were within their right to ask Mr. Gray to leave.
Except they were not he was not on their property
Mr. Gray can go peacefully assemble anywhere else he desires. He could have easily just left and vacated the property area that the Funky Pelican pays to lease.
But he did not have to.
Instead, after being asked to leave numerous times and advised of a trespass warning, Mr. Gray refused to leave after the warning. That in of itself is a crime that he committed.
But he did not have to. and he did not commit a crime
It apparent that the officer established ‘probable cause’ that Mr. Gray was committing a crime.
Not on their property, no crime
It is now up to the State Attorney’s Office to prosecute the matter.
They dropped the charges
I think many readers out there might be forgetting the purpose of the State Attorney’s Office.
The State Attorney’s Office prosecutes crimes that have been committed on actual “victims.” I imagine our State Attorney’s Office has a considerable workload and numerous cases they are working on.
The fact we are all freely speaking and expressing opinions on Flagler Live is a demonstration that we have “free speech.” No one is being repressed or oppressed by the government, it would seem. Again, we are all freely speaking here on Flagler Live. No one is knocking down on our doors or coming to get us.
As far as the 1st Amendment—meaning that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
I don’t see how that is in jeopardy. I have not observed that in my lifetime.
I have never seen a murder or a rape; therefore, it must not have happened.
By the way, watch his video, Just because you lack curiosity to see and learn other things does not mean it does not happen
As to Mr. Gray’s purpose, intent, and what he is looking to achieve in this?
As a combat veteran that has served, I am all for supporting my fellow veterans. I would like to think that veterans {post service} would continue to strive for a higher standard, live to strong core values, and present themselves in an honorable way.
He does it by exposing corrupt cops.
A thing I often see among the newer generations is this sense of entitlement and apparent want for life to be handed to them. My hope is that veterans never adopt this great lack of propriety or get this false sense of entitlement as if the world owes them something.
He is 55, not some younger guy
I am all for improving and helping veterans in homeless situations. The number of resources out there for veterans and assistance for veterans is the greatest it has ever been. It’s the government; it’s not the best, but it is something. Comparatively, it’s the best anyone has seen looking back in history.
Having served this country myself and learning of Mr. Gray… watching his videos… I do not see him as a hero.
A bootlicker never would.
The State Attorney’s Office has more important things to work on. There are more deserving victims requiring attention and justice.
Mr. Gray targeting small businesses, hindering law enforcement agencies, impacting emergency services, and judicial services—this does impact our community.
No impact if they had told the business owner that Grey was not breaking the law and left.
There are better ways to “peacefully assemble” and more effective ways to bring about positive change.
Who so do it your way or no way?
Many comments mention “harassment and discuss the meaning of harassment. If you look up the state definition, it includes any pattern of behavior that does not serve a legitimate purpose.
He did not harass anyone
It’s apparent that Mr. Gray’s intent is to create incidents. That is the spirit observed in most of his social media videos.
Its called bringing attention to injustice
At the end of the day, it really does not serve any constructive purpose or seem legitimate.
Sure, it does
We should remind ourselves that “settlements” don’t indicate true justice or vindicate true righteousness. Settlements do not mean Mr. Gray was “right” in previous cases, nor does it mean he is undefeated. It means it’s cheaper to pay a settlement than fight it.
In some cases
Settlement also means the matter was never debated for who was right or who was wrong in court.
This is how Mr. Gray makes his living and supports his lifestyle.
No he makes it off views form YouTube which is not illegal
Lastly, with the 1st Amendment, or this perceived right, freedom, or presumed “law” that anyone can do and say whatever they want… None of that entitles someone to trample over the rights of others, the rights of the community, or the rights of small business.
He did no such thing
One person’s rights should never tower over the rights of others.
Like the cops trampled over his?
Just a thought.
Skibum says
To: Understanding Goes A Long Way… you, sir, sound just like one of the criminals who thinks he knows the law enough to be a jailhouse lawyer, but cannot keep himself out of the slammer and usually messes up every time he opens his mouth to try to lawyer other criminals who listen to his legal nonsense and mumbo jumbo. Just my observation after seeing your repeated posts that are way too lengthy trying to spout legal theory while knowing just enough to get numbskulls to believe you are a legal genius when what you are saying shows you must have gotten your law degree out of a box of cracker jacks! I suggest you stop trying to give legal theory or advice on FL law, because you’re just bound to get more people all confused with your complete lack of facts about the incident in front of the Funky Pelican and how those facts apply to FL law AND the 1st amendment. Take it or leave it.